PORT ANGELES — The Port of Port Angeles illegally granted A2Z Enterprises use of a manmade pond to fill a new four-acre sprint boat track because it lacked a water right, according to the state Department of Ecology.
The company has used the pond adjacent to its property free of charge to fill the track in preparation for the U.S. Sprint Boat Association National Finals on Saturday.
Ecology issued a notice to stop pumping the water Friday, saying that the port did not have the authority to give, sell or use it.
But the head of A2Z Enterprises said that will not be a problem.
Dan Morrison said Tuesday he has pumped the water he needs and that the races at 2917 W. Edgewood Drive will not be delayed.
“Oh, yeah, we’re racing,” he said.
Morrison, who has said the track holds up to 750,000 gallons, declined to comment further.
Port Executive Director Jeff Robb said the port built the pond for irrigation of Christmas trees and still thought it had authority to use the water.
“We built it with the intention to use it for irrigation, and there was no objection at that time,” he said.
The pond, which has a liner on the bottom, had not been used for irrigation in about 10 years, Robb said.
Water rights expire if not used for five years, said Ecology spokeswoman Kim Schmanke.
Even though the pond was manmade, the water is still a public resource, and a water right is needed for it to be put to use, Schmanke said.
“It still is technically done with a resource that belongs to the public,” she said.
“And we have to manage that with that perspective in mind.”
Schmanke said no decisions have been made as to whether fines will be issued.
The port did not charge the company to use the water, Robb said, because it didn’t see another use for it and wanted to support the track near the William R. Fairchild International Airport.
“The port is supportive of the sprint boat operation, and we’re looking forward to that event,” he said.
Two environmental groups — the Dry Creek Coalition and the Center for Environmental Law & Policy, or CELP — have objected to the use of the water and have called on Ecology to require it to be returned.
Ecology is not considering making A2Z pump the water back into the pond because there is not enough time before the race to determine whether it has been contaminated, Schmanke said.
Harley Oien, corresponding secretary for the Dry Creek Coalition, said his group is not opposed to the track but doesn’t want it to impact wetlands.
Oien said he believes the pond was connected to the ground water and was skeptical of whether it contained an impervious lining.
“It’s part of the water table there,” he said.
“It’s right in the middle of the wetlands for the Dry Creek watershed.”
No matter the pond’s level of benefit to the environment, CELP Executive Director Rachael Osborn said her group objects to the pumping of the water because it is still a public resource.
“People build storage ponds and reservoirs all the time, but the water belongs to the public,” she said.
“In order to fill the pond or divert water for a beneficial use, you still have to have permits to do that.”
The port sold the 113-acre site to A2Z, formerly the Dan Morrison Group, for $1,050,000 in August 2008.
The Port Angeles Planning Commission authorized one race at the track when it approved a permit to host events on the property last March.
It would need approval to hold any other races. The finals this weekend would be the first to be held there.
Morrison has said he wants to hold other extreme sports there, including rock crawling.
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Reporter Tom Callis can be reached at 360-417-3532 or at tom.callis@peninsuladailynews.com.
